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Effects of international registration where trade mark is also registered under Act

Trade Marks (International Registration) Rules

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—(1) The provisions of this rule apply where —(a)a registered trade mark is also a protected international trade mark (Singapore);(b)the proprietor of the registered trade mark is the holder of the protected international trade mark (Singapore);(c)at least some of the goods or services in respect of which the registered trade mark is registered are protected under the protected international trade mark (Singapore); and(d)the date of registration of the registered trade mark is earlier than the date specified in rule 17(2) in relation to the protected international trade mark (Singapore).(2) For the purposes of the application by these Rules of the provisions of the Act, the protected international trade mark (Singapore) shall, notwithstanding the provisions of rule 17(2), be treated as being registered under the Act as of the date of registration of the registered trade mark as regards those goods or services in respect of which the registered trade mark was registered that are protected under the protected international trade mark (Singapore).(3) For the purposes of determining whether the protected international trade mark (Singapore) is an earlier trade mark, it shall be treated as having the date of application of the registered trade mark as regards those goods or services in respect of which the registered trade mark was registered that are protected under the protected international trade mark (Singapore), taking account (where appropriate) of the priorities claimed in respect of the registered trade mark.(4) Where the conditions specified in paragraph (1) are satisfied in relation to a trade mark, the provisions of paragraphs (2) and (3) shall —(a)continue to apply in respect of the relevant protected international trade mark (Singapore) notwithstanding that the relevant registered trade mark lapses or is cancelled; but(b)cease to apply if it is revoked or declared invalid.(5) On the application of the holder of the protected international trade mark (Singapore) on Form MP 2, the Registrar shall note in the register that the international registration replaces the registered trade mark as regards those goods or services in respect of which the registered trade mark was registered that are protected under the protected international trade mark (Singapore).(6) The provisions of this rule are without prejudice to any right or remedy conferred on any person in respect of the registered trade mark.

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